Published 4:00 am, Wednesday, September 23, 1998

1998-09-23 04:00:00 PDT ANTIOCH -- Instead of getting the emotional closure they had hoped for from a long-awaited sentencing hearing, the families of a slain Antioch boy and his convicted 11-year-old killer learned yesterday that they will have to make another unwelcome trip to court.

Contra Costa Superior Court Judge Lois Haight apologized for the delay to the parents of victim Larry Kiepert, 13, and to the family of Joshua, the boy who shot him in June. But she said it was necessary due to a "woefully inadequate" probation report.

"The court is being challenged to make a very difficult decision," Haight told a Martinez courtroom crowded with reporters and supporters of both families. "But there is no discussion (in the report) of how this minor's behavior can and should be modified. This is most unsatisfactory. There's no indication that they have the slightest idea what to do with Joshua."

The judge blamed probation officials for not following her instructions to consider every possible boys home, treatment center or other facility for Joshua's rehabilitation and incarceration in the report, which is confidential.

"I don't sleep, I don't eat, I cry every day," Larry's mother, Liz Kiepert, said outside the courtroom wearing a photo of her son pinned to her dress. Of Joshua, she said, "I can't look at him."

Joshua's attorney, Bill Gagen, said the delay "caught us all off guard."

"We all thought there was going to be an end to this emotional roller coaster," he added.

Attorneys will return to court October 16 for a sentencing hearing expected to include testimony from family members. The court has received 150 letters from relatives and the public about the case.

Haight convicted Joshua of involuntary manslaughter last month after rejecting a murder conviction asked for by prosecutor Hal Jewett. Police contended that Joshua had shot Larry with his father's hunting rifle in revenge after the older boy had shot him a few days earlier with a BB gun.

Sentencing had already been postponed a month to allow a court-appointed psychiatrist to evaluate Joshua.

Haight said she is prepared to consider all sentencing options for Joshua, which include sending him to the California Youth Authority, where he would be the youngest juvenile ward in the state. But the judge said she will not allow the boy to return home.

Probation officials gave no explanation during the hearing of why their report did not provide the information requested by Haight.

The Rev. Vince Cotter of St. Ignatius Catholic Church in Antioch has counseled both families and said Joshua is suffering from occasional nightmares but is otherwise coping at Juvenile Hall.

"He's basically a very quiet kid," Cotter said. "He's a very resilient kid."